Who is behind this legislation?

 

This model legislation was drafted by an alliance of leading online and e-commerce companies, including AOL, IAC, Microsoft, MySpace, and Yahoo!.

 

Why is industry asking for legislation?

 

The online industry has been working hard to provide a safe experience for our customers, and we are committed to do even more.  With this model legislation, we are leading the way to empower parents, educate kids, and actively help law enforcement pursue and control child predators.  But online companies cannot make the Internet safer on our own. Industry is enlisting help from teachers, parents, police, and prosecutors, and state governments need to add clarity and clout to laws and enforcement efforts. Members of this online industry alliance stand ready to work with legislators around the country to help shape and advance legislation along these lines.

 

What does this legislation do?

  • Empowers Parents. Internet access providers must make available to subscribers a product or service that controls a child’s use of the Internet.
  • Educates Children. The legislation provides school districts with online safety curricula for children and educational materials for parents, and requires teaching online safety in the classroom.
  • Increases Post-Conviction Controls on Convicted Sex Offenders. The legislation sets sentencing and parole guidelines that require the state to monitor the online activities of convicted child predators. The legislation also allows judges to impose restrictions on the online activities of convicted child predators.
  • Expands Sex Offender Registry Information to Include Internet Identifiers. For states that already maintain sex offender registries that contain physical description and location information, the legislation further requires the state to collect and display an offender’s email addresses and online identifiers. It would also make the Internet identifiers of sex offenders available to any commercial or non-profit entity, including child safety organizations, educational institutions, and online services, for the purpose of protecting children from sex offenders.
  • Helps Preserve Internet Evidence for Law Enforcement Investigations. Online services must preserve and disclose customer communications and other evidence upon request of law enforcement officials.
  • Expands the Reach and Enforcement of Child Porn Reporting. The legislation adds state enforcement powers and broadens the scope of online companies that must report images of child porn to the Cyber Tip Line at NCMEC (National Center for Missing & Exploited Children).
  • Creates the New Crime of Internet Sexual Exploitation of a Child. The legislation makes it a crime to use a computer or computer network to encourage a child to engage in or to observe sexual activity while communicating online.
  • Criminalizes the Internet Luring of a Child. The legislation makes it a crime to use a computer or computer network to make sexually suggestive statements in order to lure children into face-to-face meetings.
  • Criminalizes Age Misrepresentation with Intent to Solicit a Child. The legislation makes it a crime to lie about your age when enticing a child into criminal sexual conduct.

For the latest draft of this model legislation, see:

 

Link to Model Legislation